Federal Circuit Weighs In on Open Source License Copyright Protection

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On August 13, 2008, the U.S. Court of Appeals for the Federal Circuit made its first foray into the world of open source software. The decision held that software programmers who distribute software programs for free using an open source license can rely on copyright law and sue for monetary damages if the terms of the license are violated.

Jason Schwent, an attorney in the firm’s Intellectual Property group,outlined the background of this decision and the importance of the ruling in a Client Alert. In this Alert, Jason states that this decision was an implicit acceptance by a U.S. appellate court that open source licenses are valid agreements. Additionally, the decision established that the violation of open source software license terms constitutes copyright infringement, and that copyright remedies are now available to open source plaintiffs.